Fendi, S.r.l. v. The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A,
| Fendi, S.r.l. |
| The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A,, blackkty.com, kansae.com, giftpear.com, fuaou.com, lovemen-shoes.com, medolia.shop, shop7.andrewss.com, aili-girl.com, aristin.shop, banilook.com, bdgwatch.com, beliefal.com, chocklt.com, brabione.com, buywiss.com, clothinme.com, colting.top, facebags.ru, finnerr.com, winneddy.com, fmystery.com, fsz-shoes.com, lafu-ximi.com, guoiwoo.com, jennygirls.com, kaolls.com, lightlei.com, tissshoes.shop, tissshoes.com, lunascloth.com, materialin.com, unniesvv.com, metiffy.com, moderwear.com, netzentocloset.com, ometoi.com, opoolej.com, papitate.com, pitiliy.com, qiqigirl.com, raethhy.com, rgeoum.com, ryipijy.com, salolozee.com, shoefancies.com, shop, siestang.com, shop8.asunygirl.com, siciliegia.com, spitfrie.com, theworldwi.com, twcharmingmall.com, ustiktok.store a/k/a ozontiktok.com a/k/a13326428323, vecilili.com, whistlint.com, wiwiyiss.com, yamishow.com, yupooalbum.ru a/k/a paypalshop, 1263271038 a/k/a alicebrandproduct and zenaslab.com |
| 0:2022cv60392 |
| February 21, 2022 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 36 CERTIFICATE OF SERVICE by Fendi, S.r.l. re #27 Exhibit and Witness List, #28 REPORT AND RECOMMENDATIONS re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 35 NOTICE by Fendi, S.r.l. re #27 Exhibit and Witness List, #28 REPORT AND RECOMMENDATIONS re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi, S.r.l.'s Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference. #33 . Therein, Plaintiff requests an extension of the April 22, 2022 deadline to conduct a joint scheduling conference by twenty-eight (28) days, up to and including May 20, 2022, because Defendants were only recently served with process on April 14, 2022, and none of Defendants have responded to Plaintiff's request to confer to prepare a Joint Scheduling Report. Id. at 2-3. The Court finds good cause for the timely request for an extension of time for the reasons set forth in Plaintiff's Motion. See Fed. R. Civ. P. 6(b). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference #33 is GRANTED. The Parties shall hold a scheduling conference on or before May 20, 2022. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Judge K. Michael Moore on 4/21/2022. (elm)
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| Filing 33 Plaintiff's MOTION for Extension of Time Order extending deadline for parties to conduct Rule 26(f) conference re 8 Pretrial Order,,,,,,,,,,,,,, by Fendi, S.r.l.. Responses due by 5/4/2022 (Attachments: #1 Exhibit Declaration of Stephen Gaffigan, #2 Text of Proposed Order)(Gaffigan, Stephen) |
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi S.r.l's Motion to Extend Temporary Restraining Order ("TRO"). #31 . Therein, Plaintiff argues that there is good cause to extend this Court's #13 Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets because this Court's TRO expires before the deadline for Defendants to file objections to United States Magistrate Judge Lurana S. Snow's #28 Report and Recommendation on Plaintiff's #6 Motion for a Preliminary Injunction. See generally #31 . The Court finds good cause for an extension of the TRO for the reasons stated in Plaintiff's Motion. See Fed. R. Civ. P. 65(b)(2). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion to Extend Temporary Restraining Order #31 is GRANTED. The Court's #13 Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets is EXTENDED by fourteen (14) days. Signed by Judge K. Michael Moore on 4/19/2022. (elm)
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| Filing 31 Plaintiff's MOTION to Extend Temporary Restraining Order re #13 Order on Ex Parte Motion,, by Fendi, S.r.l.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion to Extend Temporary Restraining Order)(Daley, Christine) |
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Filing 30
PAPERLESS ORDER STRIKING 29 Order Requiring Expedited Briefing. Signed by Magistrate Judge Lurana S. Snow on 4/18/2022. (qhq)
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Filing 29
(STRICKEN PER DE# 30 ) PAPERLESS ORDER requiring expedited briefing re 64 Defendant's MOTION in Limine which the District Court has construed as Defendant's Motion for Sanctions. A hearing on the Motion is set for Thursday, April 21, 2022, at 10:00 a.m. On April 13, 2022, the Court entered an Order requiring Plaintiff to file a response to the Motion by Monday, April 18, 2022, at noon, this was not done. The Court requires a written response filed by Plaintiff in order to consider the parties respective positions on the issues raised in Defendant's Motion. Accordingly, Plaintiff shall file a written response to Defendant's Motion at ECF No. 64, no later than Tuesday, April 19, 2022, at 4pm. The response shall not exceed six (6) pages in length. Plaintiff is cautioned that a failure to timely comply with this Order may result in Defendant's Motion being granted by Default. Signed by Magistrate Judge Lurana S. Snow on 4/18/2022. (qhq) Modified Text on 4/19/2022 (cds).
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| Filing 28 REPORT AND RECOMMENDATIONS re #6 Plaintiff's Motion for Entry of Preliminary Injunction. Recommending that Plaintiff's Motion for Preliminary Injunction (ECF No. 6) be GRANTED. See attached document for full details. Objections to R&R due by 5/2/2022. Signed by Magistrate Judge Lurana S. Snow on 4/18/2022. (qhq) |
| Filing 27 COURT'S Exhibit and Witness List as filed by the plaintiff for the hearing held 4/18/22 before Magistrate Judge Lurana Snow. (dd) |
| Filing 26 Minute Entry for proceedings held before Magistrate Judge Lurana S. Snow: Motion Hearing held on 4/18/2022 re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Judge Snow recommends that the Preliminary Injunction be entered. (Digital 13:02:04) (dd) |
| Filing 25 Exhibit and Witness List for Hearing Set for April 18, 2022 by Fendi, S.r.l... (Daley, Christine) |
| Filing 24 CERTIFICATE OF SERVICE by Fendi, S.r.l. re 9 Order Referring Case to Magistrate Judge,, #12 Order, #15 Sealed Order, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #18 Amended Complaint/Amended Notice of Removal, #1 Complaint, #10 Order on Motion to Seal, 20 Order on Motion for Miscellaneous Relief,, #19 Notice of Filing Proposed Summons(es), #3 Form AO 120/121, #7 Plaintiff's EX PARTE MOTION Plaintiff's Ex Parte Motion for Order Authorizing Alternate Service of Process Pursuant to Federal Rule of Civil Procedure 4(f)(3) , #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets , #13 Order on Ex Parte Motion,, #11 Sealed Document, #17 Plaintiff's MOTION to Unseal , #14 Order on Ex Parte Motion, 2 Clerk's Notice of Judge Assignment, #16 Notice (Other), 8 Pretrial Order,,,,,,,,,,,,,, #4 Certificate of Other Affiliates/Corporate Disclosure Statement upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 23 NOTICE by Fendi, S.r.l. re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets , 9 Order Referring Case to Magistrate Judge,, #13 Order on Ex Parte Motion,, #12 Order, #15 Sealed Order, #18 Amended Complaint/Amended Notice of Removal, #1 Complaint, 8 Pretrial Order,,,,,,,,,,,,,, #10 Order on Motion to Seal upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 22 Summons Issued as to The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A,, aili-girl.com. (ebz) |
| Filing 21 CLERK'S NOTICE of Compliance by Unsealing documents #6 , #7 , #11 , #13 , #14 & #15 pursuant to 20 Order. (kpe) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi S.r.l.'s Motion to Unseal. #17 . Therein, Plaintiff move this Court to "unseal[] all documents filed with the Court that have been restricted from the Court docket, and direct the Clerk to return those portions of the Court file to the public records." Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion to Unseal #17 is GRANTED. The Clerk of Court is DIRECTED to UNSEAL all docket entries in this case. Signed by Judge K. Michael Moore on 4/13/2022. (elm)
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| Filing 19 NOTICE of Filing Proposed Summons(es) by Fendi, S.r.l. (Attachments: #1 Text of Proposed Order Proposed Summons) (Daley, Christine) |
| Filing 18 Plaintiff's AMENDED COMPLAINT for Damages and Injunctive Relief against All Defendants, filed by Fendi, S.r.l.. (Attachments: #1 Exhibit 1 to the Amended Complaint)(Daley, Christine) |
| Filing 17 Plaintiff's MOTION to Unseal by Fendi, S.r.l.. (Attachments: #1 Text of Proposed Order on Motion to Unseal)(Daley, Christine) |
| Filing 16 NOTICE of Filing Bond by Fendi, S.r.l. (ls) |
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Filing 15
ORDER SETTING PRELIMINARY INJUNCTION HEARING re #13 Order on Ex Parte Motion. The Court will conduct a hearing on Plaintiffs Motion for a Preliminary Injunction on Monday, April 18, 2022, at 1:00 p.m Via ZOOM. Signed by Magistrate Judge Lurana S. Snow on 4/11/2022. (amb) Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe).
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| Set/Reset Sealed Deadlines/Hearings per DE #15 Order: Prelinjhrg Hearing (Via Zoom) set for 4/18/2022 01:00 PM before Magistrate Judge Lurana S. Snow. (amb) Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe). |
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Filing 14
ORDER granting #7 Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3). Signed by Judge K. Michael Moore on 4/7/2022. See attached document for full details. (kpe) Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe).
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Filing 13
ORDER granting #6 Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets. Order referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to Plaintiff's request for a preliminary injunction (ECF No. #6 ) Signed by Judge K. Michael Moore on 4/7/2022. See attached document for full details. (kpe) Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe).
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Filing 12
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lurana S. Snow on 3/4/2022. See attached document for full details. (drz)
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| Filing 11 NOTICE of Sealed Filing-Scheduled A by Fendi, S.r.l.. (Attachments: #1 Sealed Document: Schedule "A" to the Complaint) (Daley, Christine) Modified text on 2/24/2022 (kpe). Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe). |
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Filing 10
ORDER GRANTING #5 Motion to Seal. Signed by Judge K. Michael Moore on 2/23/2022. See attached document for full details. (elm)
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Filing 9
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Snow's discovery procedures. Signed by Judge K. Michael Moore on 2/23/2022. (elm)
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Filing 8
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 2/23/2022. (elm)
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| Filing 7 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process Pursuant to Federal Rule of Civil Procedure 4(f)(3) by Fendi, S.r.l.. (Attachments: #1 Declaration of Christine Ann Daley in Support of Plaintiff's Ex Parte Motion for Order Authorizing Alternate Service of Process, #2 Exhibit 1 to the Declaration of Christine Ann Daley, #3 Text of Proposed Order Granting Plaintiff's Ex Parte Motion for Order Authorizing Alternate Service of Process Pursuant to Federal Rule of Civil Procedure 4(f)(3)) (Daley, Christine) Modified text on 2/23/2022 (kpe). Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order(kpe). |
| Filing 6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets by Fendi, S.r.l.. (Attachments: #1 Declaration of Massimo Lepri in Support of Plaintiff's Ex Parte Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, #2 Declaration of Christine Ann Daley in Support of Plaintiff's Ex Parte Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, #3 Declaration of Kathleen Burns in Support of Plaintiff's Ex Parte Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, #4 Exhibit 1 to the Declaration of Kathleen Burns, Part 1 of 3, #5 Exhibit 1 to the Declaration of Kathleen Burns, Part 2 of 3, #6 Exhibit 1 to the Declaration of Kathleen Burns, Part 3 of 3, #7 Text of Proposed Order Sealed Order Granting Plaintiff's Application for Entry of Temporary Restraining Order) (Daley, Christine) Modified on 4/14/2022 by Unsealing document pursuant to DE 20 Order (kpe). |
| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by Fendi, S.r.l.. (Attachments: #1 Text of Proposed Order on Motion to Seal) (Daley, Christine) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by Fendi, S.r.l. identifying Corporate Parent Fendi, S.A., Other Affiliate LVP BV, Other Affiliate LVMH Moet Hennessy Louis Vuitton, S.E. for Fendi, S.r.l. (Daley, Christine) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit) (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ebz) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15415930, filed by Fendi, S.r.l.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to the Complaint)(Gaffigan, Stephen) |
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